MONTPELIER, Vt. (WCAX) – The Vermont Supreme Court has upheld a decision to dismiss a lawsuit in the case of a mistaken COVID vaccination.
A Brattleboro family two years ago sued the Windham Southeast School District after they said their six-year-old son was vaccinated at a school clinic against their wishes.
According to court documents, the 2021 clinic happened at the Academy School in Brattleboro. The complaint states that the Politella family’s son was mistaken for another student and was vaccinated without the family’s consent. They accused the school of gross negligence and said the vaccination caused great emotional harm.
The case was dismissed by a lower court under the federal Public Readiness and Emergency Preparedness Act, which gives immunity to state and school officials during a public health emergency.
In a decision on Friday, the high court affirmed the ruling.